IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of the narrative reason for his separation from the West Virginia Army National Guard (WVARNG) in February 1982. 2. The applicant states he was discharged from the WVARNG under wrong information and a wrong decision was made by the Army. He did not have spina bifida when he entered the military and he believes this was detected during his military time. 3. The applicant provides: * Enlistment Standard Form 88 (Report of Medical Examination) * Commander's Request for Discharge memorandum, dated 5 February 1982 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Response from The Adjutant General, WVARNG, dated 16 March 2015 * VA Form 21-4138 (Statement in Support of Claim) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's service personnel and medical records are not available for review with this case. The primary records available are those provided by the applicant. 3. He underwent an enlistment physical on 27 May 1980 at the Beckley, WV, Armed Forces Examining Entrance Station (AFEES). His Standard Form 88 shows he was acceptable for enlistment into the WVARNG. 4. He enlisted in the WVARNG on 2 June 1980. He completed basic combat training (BCT)/active duty for training from 9 July to 15 August 1980. 5. He provides a memorandum, dated 5 February 1982, from the commanding officer, Troop A, 1st Squadron, 150th Armored Cavalry, WVARNG, to the Commander, 1st Squadron, 150th Armored Cavalry. The commander requested that the applicant be discharged from the ARNG due to failure to meet physical standards of enlistment at the time of enlistment. The applicant enlisted in Troop A on 2 June 1980 under the provisions of the split option program and he attended BCT from 9 July - 15 August 1980. The applicant was rejected when he reported for his physical prior to advanced individual training (AIT) and was advised by AFEES to obtain further consultation to determine retention. As of the date of the letter, there was no evidence that the applicant would improve to the extent that would enable him to complete AIT or be of further service to the ARNG. Through his own admission, the condition existed prior to enlistment; however, he failed to reveal this information during various physicals. 6. He was honorably discharged from the WVARNG on 5 February 1982. His NGB Form 22 shows he was discharged in accordance with Orders 36-18, issued by the WVARNG, for failure to meet enlistment standards at the time of enlistment. He completed 1 year, 8 months, and 4 days of ARNG service. 7. He provides multiple notes, dated between April and October 1981, from a doctor at St. Jude's Clinic Hospital, Holden, WV, that essentially state he was under the doctor's care for back pain associated with spina bifida of the first sacral vertebra. He could not engage in any physical activity. 8. He filed a VA claim on 24 October 2014 and stated that he was in the Army for 2 1/2 years. He was discharged due to an injury to his back which the military said caused a condition he did not know he had – spina bifida occulta. He had no back trouble when he went into the military and he did not even know of this condition. He has lived with this injustice for many years. He had an injury during boot camp which followed him throughout the years. 9. On 16 March 2015, The Adjutant General, WVARNG responded to the applicant's letter regarding his period of service in the WVARNG. After reviewing his records, the Office of The Adjutant General could not identify where any information was incorrect regarding his honorable discharge. All documentation by the commander at the time of his discharge was an overall assessment of the medical information in his medical records as well as the information he provided regarding his diagnosis of spina bifida bona occulta. 10. National Guard Regulation 600-200 (Enlisted Personnel Management) provides for the management of enlisted personnel in the ARNG. Chapter 8 of the regulation in effect at the time provided criteria and reasons for administrative separation or discharge from the Reserve of the Army, the State ARNG only, or both. These reasons may be used for separation from the State ARNG only. One of the reasons for separation is failure to meet physical standards at the time of enlistment. 11. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The Board is not an investigative agency. DISCUSSION AND CONCLUSIONS: 1. The applicant's service personnel and medical records are not available for review with this case. The primary records available are those provided by the applicant. They show he enlisted in the WVARNG on 2 June 1980 and he was honorably discharged from the WVARNG on 5 February 1982 by reason of failing to meet standards at the time of enlistment. This is also supported by a memorandum authored by his commanding officer in 1982. 2. His commanding officer stated that he was rejected when he reported for his physical prior to advanced AIT and was advised by AFEES to obtain further consultation to determine retention. As of the date his commander authored this request, there was no evidence that he would improve to the extent that would enable him to complete AIT or be of further service to the ARNG. Additionally, through his own admission, this condition existed prior to enlistment. However, he failed to reveal this information during various physicals. 3. The available evidence clearly shows the applicant had a preexisting condition that he failed to disclose during the enlistment process. There is no evidence of an injury during BCT, such as a DA Form 2173 (Statement of Medical Examination and Duty Status), a physical profile, or a line of duty determination, to support that an injury occurred during his military service. 4. The applicant appears to have been honorably discharged for the correct reason and he provides insufficient evidence to show otherwise. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150006421 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006421 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1